Recording of Community Conference (Every Other Thursday) 2015, April 30

Substantial transcription for video

FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;

J-1 Physician in Waiver Job Applying for AOS/1-485

Question details

I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.


FAQ Transcript

Memorandum: Employment Eligibility for Derivatives of Conrad State 30 Program Physicians

USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.

USCIS Introduces Form I-910 and Centralizes the Civil Surgeon Application Process

USCIS has implemented a new process to receive and adjudicate applications for civil surgeon designation centrally at the National Benefits Center. This process change requires physicians seeking civil surgeon designation to file a formal application at a USCIS Lockbox. Centralizing the civil surgeon application process will:

Successful response to a physicians' H-1B extension RFE

We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.

Immigration Law

NIW Requirements for a Specialist Physician

Question details

Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?

NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."

Green Card for Physicians

Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process.

Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.

Guestbook Entry for Savan , United States

United States
Los Angeles
I owe my success to Rajiv Khanna and their diligent team.  It would never been possible without all your efforts, during difficult times of visa cancellation all those conference calls made me feel secure, answering RFE was very crucial as I had only 5 days remaining to reply and still you accepted it.  I also got benefitted in H1b processing as I had offer letter with me for 4 months but due to one major concern my employer was holding it back and even after consulting few lawyer I could not get satisfactory response. I consulted Rajiv Khanna again and as always I found answeres to all my questions.  It just like consulting a doctor some are really dedicated to their profession and I found Mr. Khanna just like them. Thank you once again Rajiv Khanna and team.